United States v. Derrow

196 F. App'x 274

Opinion

PER CURIAM: *

Michael Joseph Derrow, federal inmate # 03199-286, was convicted of conspiracy to possess and possession with intent to distribute crack cocaine. Derrow seeks a certificate of appealability (COA) to appeal the district court’s order that transferred his 28 U.S.C. § 2255 motion to this court as an unauthorized successive § 2255 motion.

We must examine the basis of our jurisdiction on our own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). An order transferring a successive § 2255 motion to the court of appeals is a nonappealable interlocutory order. Brinar v. Williamson, 245 F.3d 515, 516-18 (5th Cir.2001). This court is without jurisdiction to consider Derrow’s case. See id. Accordingly, the appeal is dismissed for lack of jurisdiction. Derrow’s motions for a COA and for leave to proceed in forma pauperis are denied.

APPEAL DISMISSED FOR LACK OF JURISDICTION; MOTIONS DENIED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.